HomeMy WebLinkAbout010 - 12/08/1939 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 4 ORDINANCE NO i o , 1939,
BEING AN EMERGENCY ORDINANCE RELATING TO THE 4SSESSMENT OF THE
COST OF CONSTRUCTION OF IMPROVEMENTS IN TIAP OVET1ENT DISTRICT
NO 43, OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING
FOR THE PAYMENT AND COLLECTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That under and by virtue of the
provisions of Ordinance No 6, 1939, duly passed and adopted
on the 14th day of July, A D 1939, Improvement District No
43 was duly created and provisions made in said Ordinance for
the construction of certain improvements in said District, con-
sisting of surfacing the streets within the boundaries of said
District with•a two and one-half inch mat, composed of earth,
gravel, sand and oil, in such proportion and combined in such
manner as was specified in the specifications of the City
Engineer, and under and by virtue of a Resolution duly adopted
on July 14, 1939 , pursuant to the provisions of Ordinance No
6 1930 and Section 26 of Ordinance No 7, 1921, supplementary
proceedings were taken for the ordering in and construction of
curb and gutter and connection with water mains along the streets
in said District where necessary which Ordinance No 6, 1939
provided that the proceeds of any special assessments levied
on account of curbing and guttering installation in said
Improvement District No 43 be applied solely to the payment
or redemption of any bonds issued in the name of said District,
that the said improvements as hereinabove provided have been
duly constructed as provided by law and duly accepted by the
City of Fort Collins as therein provided, that thereafter the
City Engineer on to-wit the 27th day of Octocer, A D 19399
-1.
duly reported to the City Council that the cost of con-
struction of said improvements, including the cost of
inspection collection and other incidentals and also
including interest is $3581 44, that in and by said report
the Commissioner of Works, pursuant to the report of the City
Engineer, duly apportioned upon all the lots or tracts of land
in the district improved, in proportion as the frontage of each
lot or tract of land is to the total of all the frontage of
all the lots or tracts of land so improved exclusive of
public highways pursuant to the provisions of Ordinance No
7, 1921, relating to local public improvements, as amended by
Ordinance No 9, 1926 and Ordinance No 6, 1933 and Ordinance
No 6, 1939 creating Improvement District No 43, and which
District is hereinafter more particularly described by lots
and blocks together with the apportionment and rate per front
and also duly apportioned the cost of gutter in accordance
with the abutting sidewalk frontage of the respective property
in front of or about which gutter worx has been done pursuant
to the provisions of Ordinance No 6, 1930 and Resolution adopted
Suly 14, 1939 and also duly apportioned the cost of making
connection with water main against the premises with which the
connection was made, pursuant to the provisions of Section 26
of Ordinance No 7 1921 the said findings and report of the
Commissioner of Works and the City Engineer being in accordance
with the report of the City Engineer in respect to the proposed
assessment on each lot in sgid District
Section 2 That at the regular meeting of the
City Council, held on the 27th day of October, A D 19399 said
report of the Commissioner of Works and City Engineer concerning
said proposed assessment for improvements in Improvement District
-2-
No 43, was by resolution of the City Council, duly adopted
for the purpose of consideration and determination at a regular
meeting of the City Council to be held on the 8th day of December,
A D 1939, pursuant to a notice of the City Clerk as provided by
law that in and by said Resolution the City Clerk was instructed
and directed to publish notice in the official newspaper of the
City of Fort Collins for a period of ten (10) days, addressed
to the owners of property to be assessed in Improvement District
No 43, stating the whole cost of the improvements and the share
apportioned to each lot or tract of land in said District, and
notifying the owners thereof that any complaints or objections
that might be made in writing by them to the City Clerk and
filed in his office within thirty ( 30) days from the first
publication of said notice, would be heard and determined by
the City Clouncil at a regular meeting thereof, to be held on
the 8th day of December, A D 1939, at the hour of seven o' clock
in the forenoon of said day in the Council Chamber of the City
Hall in said City that after said hearing the City Council
would take up the matter of the passage of an ordinance assess-
ing the cost of said improvements, that pursuant to the authority
contained in said Resolution the City Clerk caused to be published
said notice in the Fort Collins Leader, the official newspaper
of said City of Fort Collins, for a period of ten (10) days, as
provided by Ordinance, and that due proof of publication has
been duly filed in the office of the City Clerk and that no
complaints or objections having been made to said assessments
by any property owners within said District, the City Council
did confirm the apportionment and assessment as theretofore
made by the City Engineer, and the assessing ordinance for the
cost of the improvements in Improvement District No 43 was
orddred submitted for passage and adoption
-3-
Section 3 That the total cost of the improvements
in Improvement District No 43, under and by virtue of said
Ordinance No 6, 1939 and Resolution adopted July 14, 1939 of
said City, including the cost of inspection, collection and
interest amounts to $3581 44 which said sum is hereby assessed
upon the real estate in said Improvement District No 43, in
accordance with the provisions of Ordnance No 7, 1921, relating
to local public improvements, as amended by Ordinance No 9
1926 and Ordinance No 6, 1933, and Ordinance No 6, 1930 and
Ordinance No 6, 1939 and the proportion of said cost assessed
to each lot or tract of land in said Improvement District No 43
comprising the following lots and blocks in said District, shall
be as follows
-4-
ASSESSIAENT ROLL, IMPROVEMENT DISTRICT NO 43
Description Owner Frontage Gutter Water Oiling Tottl
Block 166 Cost connection Cost Cost
E 90 ft of Oiling assessment is$1 18437 per foot
Lot 1 B F Flowers 158 5 $30 69 075 00 $105 69
E 50 ft of TI
100 ft of Lot 1 Ora Carr 50 59 22 59 22
W 501 Lot 1 William. F Goodwin 50 59 22 59 22
Lot 2 Joy E Tagart 68 5 81 13 81 13
Lot 3 Dora Fadely Est Ethel
Kenny Houser, Adm 50 59.22 59 22
Lot 4 Clarence E & Alice
C Speas 50 59 22 59 22
Lot 5 George & Grace Ruebel 50 59 22 59 22
Lot 6 J J Ver Straten 50 30 69 59 22 89 91
Lot 7 J J Ver Straten 50 15 17 30 69 59 22 105 OU
Lot 8 D B Hollar 50 59 22 59 22
Lot 9 Joseph & Bertha Pinsky 50 59 22 59 22
Lot 10 Joseph & Bertha Pinsky 50 59 22 59 22
Lot 11 David W & Miriam H
Robertson 50 59 22 59 22
E 1401 Lot 12 Harold B & Ella M
Dean 50 59 22 59 22
E 65t of S 65?
Lot 24 Ella E Pearson 65 19 38 76 98 96 36
West 1251 Lot 24 J I Alpert 125 148 04 148 04
Block 167
Lot 1 Joseph H McNeish 50 59 22 59 22
Lot 2 Mayme E King 50 15 17 59 22 74 39
Lot 3 Thomas J Williams 50 59 22 59 22
Lot 4 Murtie M Belian 50 59 22 59 22
Lot 5 Martha T Leach 230 272 39 272 39
Lot 6 C E & Hazel E Vail 50 59 22 59 22
Lot 7 John R & Ellen Casson 50 59 22 59 22
-1-
Description Owner Frontage Gutter Water Oiling Total
Cost connection Cost Cost
Lot 8 Christina miller 50 $ 59 22 59 22
Lot 9 Joe T & Jean Meyer 50 59 22 59 22
Lot 10 Pearl E Workman 50 59 22 59 22
Lot 11 Wils M & Grace W
Black 50 17 98 59 22 77 20
N 108' Lot 12 Margaret Demmel 50 59 22 59 22
Block 176
Begin at NW cor
of Block 176 thence
S 50' E 190' N
50' -W 190' Lemuel Wisdom 50 15 17 59 22 74 39
Begin 59' S of NW
corner B1 176 E 190'
S 50' ,1T 190' N 50' J W Pyburn 50 59 22 59 22
Begin 100t S of NW
corner B1 176, thence
E 190' ,S 50' 9 W 19012
N 50' John & Lizzie Schreiner-50 59 22 59 22
Begin 150' S of NW
corner B1 176, thence
S 50' 2 E 1901 , N 501 ,
W 190, E R Hunter, Secretary
Ft Collins Building & Loan-50 59 22 59 22
Begin 200, S of NW
corner Bl 176, thence
E 190, S 50' , W 190'
N 50' Melvin S & Olive R
Knapp 50 59 22 59 22
Begin 250 ' S of NW
corner B1 176, thence
E 190t S 50t , W 19o'
N 501 Hazel Baldwin 50 59 22 59 22
Begin 300, S of NW
corner B1 176, thence
E 19012 S 50t W 190'
N 50' Peter Schlitt 50 59 22 59 22
Begin 2351 N of SW
corner B1 176 thence
N 50' , E 1901 , S 5012
W 190, Adam & Katherine Ruff-50 59 22 59 22
Begin 185, N of SW
corner Bl 176, thence
N 501 , E 190' S 501 ,
W 190t Mamie Lawson 50 59 22 59 22
-2-
Description Owner Frontage Gutter Water Oiling Total
Cost connection Cost Cost
Begin 140' N of SW
corner Bl 176, thence
E 190' N 45' W 190'
S 45' Mary Deines &
Martha E Albright 45 $53 29 $53.29
Begin 90' N of SW
corner B1 176, thence
N 50' , E 190' S 50' 1
W 190, J F Stonestreet 50 59 22 59 22
Begin 45' N of SW
corner B1 176, thence
N 45' E 190' 2 S 45' ,
W 190, Nelson 0 -I9ymore 45 53 29 53 29
Begin at SY7 corner
Bl 176, thence N 45'
E 1901 , S 45' , V7 190' Sarah Hatton 45 53 29 53 29
Block 177
Begin at NW corner
Bl 177 thence S 601 ,
E 1901 , N 601 , W 190' A F Sieglinger 60 71 06 71 06
Begin 60, S of NW
corner Bl 177, thence
E 190, S 401 , W 19010
N 40' Thelma Sarah Hunt 40 47 37 47 37
Begin 100' S of NW
corner B1 177, thence
S 50, , E 1901 , N 50'
W 190t Lela B Pyke 50 59 22 59 22
Begin 150' S of NW
corner Bl 177 thence
E 19011 S 50' , W 190' ,
N 50' Bert McCarty 50 59 22 59 22
Begin 200' S of NW
corner B1 177, thence
E 190' S 501 , W 190'
N 50' Kirstine N Peiterson 50 59 22 59 22
Begin 250' S of NW
corner B1 177, thence
S 50t , E 190' N 50'
17 190' Kirstine N Peiterson 50 59 22 59 22
Begin 50' N of SW
corner B1 177, thence
E 190' N 50' V7 1901 )
S 50' M B & Leota C Hayward 50 59 22 59 22
Begin at S17 corner Bl
177, thence E 1901 , N
501 , VJ 19012 S 50t H J Kinnison 50 59 22 59 22
City of Fort Collins, one half interesection
467 Sq Yds ® 4 3535 165 Os 165 08
Total 82 67 92 07 3406 50 3581 44
Section 4 All assessments herein provided for
shall be due and payable within thirty (30) days from the final
passage and publication of this Ordinance, without demand, pro-
vided that all assessments may at the election of the owners
of the property to be assessed, be paid in ten (10) equal install-
ments beginning February 1, 1940, and payable annually on said
last mentioned date thereafter, until the full amount thereof has
been paid, with interest on the unpaid principal payable semi-
annually, at the rate of six per cent (6%) per annum
Section 5 Failure to pay the whole of the assessment
within the said period of thirty (30) days, shall be conclusively
considered and held an election on the part of all persons inter-
ested whether under disability or otherwise to pay in such
installments
Section 6 Failure to pay any installment whether
of principal or interest, when due, shall cause the whole of the
unpaid principal to become due and payable immediately, and the
whole amount of the unpaid principal and accrued interest shall
thereafter draw interest at the rate of one per cent (1%) per
month or fraction of a month until the day of sale as herein-
after provided but at any time prior to the day of sale, the
owner may pay the amount of all unpaid installments, with in-
terest at one per cent (1%) per month, or fraction of a month,
and all penalties accrued, and shall thereupon be restored to
the right to pay the installments in the same manner as if
default had not been suffered The owners of any property not
in default as to any installments or payments may at any time
pay the whole of the unpaid principal with interest accrued
to the maturity of the next installment of interest or principal
Section 7 Payments may be mace to the City
Treasurer at any time within thirty (30) days of the final
passage and publication of this Ordinance and an allowance of
five per cent (5%) discount shall be made on all payments made
during such period only
Section 8 In case of default in the payment of
any installment of principal and interest, when due any and
all property concerning which such default is suffered shall
be advertised by the County Treasurer and sold for the payment
of the whole of the unpaid assessment thereon at the same time
or times and in the same manner, under all the same conditions
and penalties and with the same effects as are provided by law
for sales of real estate in default of the payment of general
taxes
Section 9 It shall be the duty of the City
Clerk to prepare the foregoing assessment roll in said Improve-
ment District No 43 in proper form showing in suitable columns
each piece of real estate assessed, the total amount of the
assessment, the amount of each installment of principal and
interest and the date when each installment will become due,
vith suitable columns for use in case of payment of the whole
amount or of any installment or penalty, and deliver the same to
the City Treasurer and thereafter payments may be made to the
City Treasurer at any time within thirty (30) days after the
passage of this assessment ordinance and the taking effect
thereof Upon the expiration of the thirty (30) days, the
City Treasurer shall return to the City Clerk the assessment
roll, showing all payments made thereon, with the date of each
payment and thereupon the City Clerk shall prepare a permanent
local assessment roll in book form, showing in suitable columns
each piece of real estate or property upon which the assessment
is unpaid, the whole amount of the assessment unpaid, the date
to which the same is computed the amount of each installment
of principal and interest together with two per cent (2%)
additional thereon as collection charges of the County Treasurer
and the date when the same will become due with suitable columns
for use in case of the payment of any installments or penalties
Said roll shall be certified by the City clerk under the seal
of the City and by him delivered to the County Treasurer of
Larimer County, with his warrant for the collection of the same
Section 10 All collections made by the County
Treasurer on said assessment roll in any calendar month shall be
accounted for and paid over to the City Treasurer on the first
day of each and every month, with separate statements for all
such collections for each month, in the same manner as general
taxes are paid by the County Treasurer to the City
Section 11 The owner of any divided or undivided
interest may pay his share of any assessment upon producing
evidence of the extent of his interest satisfactory to the
officers having the roll in charge
Section 12 In the opinion of the City Council
an emergency exists for the preservation of the public health
peace and safety, and this Ordinance shall take effect upon its
passage under and by virtue of the authority contained in Sections
6 and 7 of Article IV of the City Charter
Introduced, read at length and adopted by the unan-
imous vote of all the members of the City Council, this 8th day
of December, A D 1939
Comma s ne of S ety and Ex-0 cio
Attest Mayor
City Clerk
STATE OF COLORADO, )
ss
County of Larimer )
I, MILES F HOUSE, City Clerk of the
City of Fort Collins, do hereby certify and declare that the
foregoing Ordinance, consisting of twelve (12) sections, was
duly proposed and read at length at a regular meeting of the
City Council, held on the gth day of December, A D 1939
and was duly adopted and ordered published in the Fort Collins
Leader, a weekly newspaper and the official newspaper of the
City of Fort Collins by the unanimous vote of all members of
the City Council as an emergency ordinance in accordance with
the provisions of Sections 6 and 7 of Article IV of the City
Charter of the City of Fort Collins, and thereafter and on
to-wit the 14th day of December, A D 1939 said Ordinance
No 10 was duly published in the Fort Collins Leader, a
weekly newspaper published in the City of Fort Collins,
Colorado
IN VUTNESS WHEREOF, I have hereunto
set my hand and affixed the seal of said City this 14th day
of December, A D 1939
City Clerk